HomeMy WebLinkAbout049-R-21 Negotiating & Executing a Twenty-Five Year Alley Easement at 1708-1712 Sherman Ave with the Varsity LLC4/19/2021
49-R-21
A RESOLUTION
Authorizing the City Manager to Negotiate and Execute A Twenty -Five
Year Alley Easement At 1708-1712 Sherman Avenue with
The Varsity LLC, an Illinois Limited Liability Company
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City Manager is Thereby authorized and directed to sign
an Easement Agreement (the "Agreement") by and between the City ("Grantee") and
The Varsity, LLC ("Grantor") for the City to grant a twenty-five (25) year alley easement
between Sherman and Benson Avenues for the construction, maintenance, use, and
pedestrian ingress and egress over and across the parcel. The Agreement is attached
hereto as Exhibit 1 and incorporated herein by reference.
SECTION 2: The City Manager is hereby authorized and directed to
negotiate any additional conditions of said Agreement that she deems to be in the best
interests of the City.
SECTION 3: This resolution shall be in full force and effect from and after
its passage and approval, in the manner provided by law.
49-R-21
Attest:
jFdctLt,/do Gox4ez
Eduardo Gomez, Deputy City Clerk
Adopted: MqV 1n , 2021
Stephen H. Hagerty, Mayor
Approved as to form:
./ t,md-i 6. Cant; yj
Nicholas E. Cummings, Corporation
Counsel
-2-
49-R-21
EXHIBIT 1
EASEMENT AGREEMENT
-3-
This instrument has been
prepared by and should be
returned after recording to:
City of Evanston
2100 Ridge Avenue, Room 4400
Chicago, IL 60201
Attn: Law Department
This space reserved for Recorder's use only.
EASEMENT AGREEMENT
This Easement Agreement (this "Agreement") is entered into this day of
, 2021, by and between the City of Evanston, an Illinois home rule municipal
corporation (the "City"), and The Varsity, LLC, an Illinois limited liability company
("Grantee").
RECITALS
WHEREAS, Grantee owns certain property located at 1706-1710 Sherman Avenue,
Evanston, Illinois, legally described in Exhibit A attached hereto (the "Subject Property");
and
WHEREAS, the City owns and has jurisdiction over a public right-of-way, an alley
that extends between Sherman Avenue and Benson Avenue (the "Alley"); and
WHEREAS, that part of the Alley approximately twenty (20) feet in width,
commencing at Sherman Avenue adjacent to the Subject Property and extending west for a
distance of one hundred fifty-five (155) feet, for a total easement area of approximately
3,100 square feet, is depicted and legally described in Exhibit B attached hereto (the
"Easement Premises"); and
WHEREAS, Grantee desires to have certain rights in the Easement Premises to
improve the Easement Premises as a pedestrian space, appurtenant to the Subject
Property, for incorporating art, upgraded hardscaping and lighting, outdoor dining, seating
and special events (collectively, "Alley Improvements"); and
WHEREAS, to construct, maintain and operate the Alley Improvements, Grantee desires
to receive certain easement rights from the City, and the City desires to grant such easement
rights to Grantee, in accordance with the terms of this Agreement and all applicable federal,
state, and local laws, codes, rules and regulations (collectively, "Legal Requirements").
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties agree to enter into this Agreement on the following
terms and conditions:
1. Recitals. The foregoing recitals are material to this Agreement and are
incorporated herein as though fully set forth in this Section 1.
2. Grant of Easement. Subject to the terms and conditions contain herein, the
City hereby grants and conveys to Grantee, its successors, grantees, agents, and assigns,
perpetual easements appurtenant to the Subject Property (collectively, the "Easements") in,
over, upon, and across the Easement Premises for the following uses and purposes:
(a) an exclusive easement to install, maintain, repair, and replace the
hardscape surface of the Easement Premises, including base and sub -base layers, as
necessary for pedestrians, accessible paths, and vehicular traffic, including the right to install
decorative materials and traffic bollards or other detachable devices at each end of the
Easement Premises to create a pedestrian -only, safe zone in the Easement Premises, subject
to the rights reserved herein to the City to ensure access for utility repairs and emergency
ingress and egress; and
(b) an exclusive easement to use, install, maintain, repair, and replace
storefront entrances opening onto the Easement Premises from openings in the fagade of the
buildings now or hereafter adjoining the Easement Premises (the "Adjoining Buildings"); and
(c) an exclusive easement to use, install, maintain, repair, and replace non-
permanent awnings, pergolas, trellises, overhead and alley lighting, signage and art installations
in the Easement Premises; and
(d) an exclusive easement for outdoor seating, dining, cafes, art fairs,
concerts and similar uses sponsored by Grantee or the tenants of the Adjoining Buildings,
including the right to install non -permanent seating and ancillary items customarily used in
outdoor dining venues in the City.
If at any time Grantee shall desire to provide improvements or uses within the Easement
Premises that further the goals of creating a vibrant pedestrian space and supporting the goals
of the City's comprehensive plan, Grantee shall have the right to request such additional
easements from the City, which may be adopted by amendment to this Agreement.
3. Reserved Riahts. The City reserves the concurrent use of the Easement
Premises and all rights appurtenant to the City's ownership thereof, including, without limitation,
the right of ingress and egress to enter under, across and over the Easement Premises for any
reason for inspections and for the City, from time to time, to install, operate, maintain, repair,
replace, remove and relocate any of the facilities or equipment in, under or above the Easement
Premises used in connection with the public water supply, sanitary sewer, storm drainage, or
other public utilities and to allow any such entry by public utilities and cable companies in
accordance with Legal Requirements and in such manner as the City shall deem proper so long
as such use does not materially interfere with the enjoyment of the Easements for their intended
purposes; provided, however, the City at all times shall enjoy the right of ingress and egress to
enter under, across and over the Easement Premises for the City's fire, police and first
responders in any emergency or situation involving imminent danger to any person or property.
The City shall use reasonable efforts to minimize disruption to the tenants and
businesses operating within the Adjoining Buildings and to provide continued access thereto
from the entrances located in the Easement Premises in connection with the City's exercise
of its reserved rights, and when practicable, in the City's discretion, to perform such work
during other than daytime business hours.
4. Easement Conditions. The grant of Easements in this Agreement shall be
subject to the following conditions:
(a) At all times, Grantee in the exercise of its easement rights shall
comply with Legal Requirements. Without limiting the foregoing, Grantee shall not interfere
with the stormwater catch basins or related appurtenances in the Easement Premises for
collecting and channeling stormwater into the City's storm sewers.
(b) Grantee, at its cost, shall maintain insurance in such amounts and with
such coverages as shall be required by the City and shall name the City as an additional
insured thereunder, in connection with the use and maintenance of the Easement Premises,
comparable to the insurance from time to time required for permits to use park facilities or
similar City -owned property. The amounts and type of insurance required shall be
reasonably determined by the City, based upon the nature of the activity and the risk
involved.
(c) The cost of the easement shall be $0.734 per square foot in 2021
and increase 2% per year throughout the term of the easement for a total cost of
$72,881.74. The total cost shall be payable by Grantee to the City upon execution of this
Agreement. Grantee shall not expand the scope of the Easement Premises without written
consent of the City.
(d) The City shall have no obligation to pay any of the costs of Alley
Improvements installed adjacent or within the Easement Premises. All maintenance, repair,
replacement activities for Alley Improvements are at Grantor's expense, except in the event
of negligent damage caused by the City's exercise of its reserved rights, in which event the
City shall be responsible for reimbursing Grantee for the documented, out-of-pocket third -
party costs of restoration following any such damage.
(e) Grantee agrees to perform or cause to be performed all necessary
maintenance, repair and replacements to the surface of the Easement Premises and the
Alley Improvements (to the extent within the rights granted herein to Grantee) to keep the
same in good order and repair; however, if in the exercise of the City's rights, damage to the
3
surface of the Easement Premises shall be necessary, then the City's sole obligation shall
be to backfill any excavation and patch and repair the surface to normal standards for alleys
but Grantee shall bear the cost of any specialty or decorative materials.
(f) Grantee shall obtain, at its sole cost and expense, outdoor cafe
seating permits, special events permits, and any other applicable permits required by the
City.
5. Indemnification. Grantee will hold harmless, indemnify and defend the City,
its lessees, franchises, licensees, employees, agents, personal representatives,
contractors, successors and assigns, against any and all claims, demands, loss, damage,
liabilities, costs, expenses and all suits liens, causes of actions and judgments (including,
but not limited to reasonable attorney's fees) arising out of, or in any way related to, or in
connection with, or as a result or consequence of the Easements and/or use of the
Easement Premises or Grantee's acts or omissions under this Agreement, to the extent of
Grantee's willful or negligent exercise of rights and privileges granted by this Agreement.
Grantee's obligations in this section shall survive any termination or expiration of this
Agreement.
6. Release. Grantee shall enter upon the Easement Premises and exercise its
rights granted under this Agreement at its sole risk, cost and expense. Grantee hereby
waives and relinquishes any and all claims, demands, loss, damage, liabilities, costs,
expenses and all suits, liens, causes of actions and judgments related to the subject matter
of this Agreement now or hereafter arising in Grantee or any of its employees', contractors'
or agents' favor occasioned by, directly or indirectly, the conditions of the Subject Property
and the Easement Premises or any improvements thereon or any other facts or
occurrences with respect to Grantee's conduct under this Agreement, other than willful or
negligent acts of the City. Grantee's obligations in this section shall survive any termination
or expiration of this easement agreement.
7. Notice. All notices required to be given under this Agreement shall be in
writing and shall be given by United States mail or by United States express mail or other
established express delivery service (such as Federal Express), postage or delivery charge
prepaid, return receipt requested, and addressed to the person and addresses designated
below.
If to Grantor: Director of Public Works
Evanston Civic Center
2100 Ridge Avenue
Evanston, IL 60201
with a copy to: Law Department
Evanston Civic Center
4
2100 Ridge Avenue
Evanston, IL 60201
If to Grantee: The Varsity, LLC
1780 Ash Street, Suite 201
Northfield, IL 60093
The person and address to which notices are to be given may be changed at any time by
either party and by written notice to the other party. All notices given pursuant to the
Agreement shall be deemed given upon receipt.
8. Entire Aareement; Severabilitv. This document contains the entire
agreement between the parties relating to the rights granted herein and the obligations
herein assumed. Any oral representations or modifications concerning this Agreement shall
be of no force and effect, and modifications to this Agreement shall be in writing and shall
be signed by all parties to this agreement. Invalidation of any term or provision of this
Agreement shall in no way affect any other term or provision hereof, which other terms and
provisions shall remain in full force and effect.
9. Run With Land. This Agreement shall run with and bind the land for a term of
50 years from the date this Agreement is recorded after which time this Agreement shall be
automatically extended for successive periods of 10 years unless an instrument amending
this Agreement as hereinafter provided shall be recorded to provide for some other
duration. If any other agreements or covenants created by this Agreement would otherwise
be unlawful or void for violation of (a) the rule against perpetuities or some analogous
statutory provision, (b) the rule restricting restraints on alienation, or (c) any other statutory
or common law rules imposing time limits, then such easements, rights, restrictions,
agreements, or covenants shall continue only until 21 years after the death of the last
survivor of the now living lawful descendants of any now living current or former President
of the United States.
10. Venue; Remedies. The laws of the State of Illinois shall govern the terms of
this Agreement both as to interpretation and performance and any action brought to enforce
the Agreement shall be brought in the Circuit Court of Cook County. In addition to any and
all other remedies it may have, each party may enforce this Agreement by a suit for specific
performance; the failure of a party to enforce this Agreement or any particular provision
hereof at any given time shall in no event be deemed a waiver of the right to do so
thereafter. Prior to initiating any enforcement action, the initiating party shall notify the
responding party of any breach of this Agreement and reasonably specific details of the
breach, and the responding party shall thereafter have sixty (60) days within which to cure
such breach (unless such cure requires more than sixty (60) days, in which case
responding party shall have such time as is reasonable to commence, diligently pursue, and
complete such cure, but in no event more than one hundred twenty (120) days).
Notwithstanding the foregoing, in the event a breach of this Agreement creates an
5
emergency situation, then the breaching party shall be required to remedy the breach as
soon as feasible and without delay. Notwithstanding anything contained herein to the
contrary, no default by a party hereunder shall give any other party the right to terminate
any of the easements or benefits granted under this Agreement.
11. Recordinq. This Agreement shall be recorded, at Grantee's expense, with
the Cook County Recorder of Deeds notifying all future purchasers and other interested
parties.
12. Counterparts. To facilitate execution of this Agreement, this Agreement may
be executed in multiple counterparts, each of which, when assembled to include an original
signature for each party contemplated to sign this Agreement, will constitute a complete and
fully executed original.
IN WITNESS THEREOF, this Agreement is made as of the date signed by the City.
CITY OF EVANSTON THE VARSITY, LLC
By: By:
Erika Storlie, City Manager Steven Rogin, Manager
Date:
n
STATE OF ILLINOIS
SS
COUNTY OF COOK
I, , a Notary Public in and for said County, in the State aforesaid,
do hereby certify that , personally known to me to be the City Manager of
the City of Evanston, Illinois and the person who executed this agreement, appeared before
me this day in person and acknowledged that he signed, sealed, and delivered the same
instrument as his free and voluntary act for the uses and purposes therein set forth.
Given under my hand and Notarial Seal this day of , 2021.
STATE OF ILLINOIS
RIM
COUNTY OF COOK
Notary Public
(SEAL)
I, , a Notary Public in and for said County, in the State aforesaid,
do hereby certify that Steven Rogin, personally known to me to be the Manager of The
Varsity, LLC, an Illinois limited liability company, and the person who executed this
agreement, appeared before me this day in person and acknowledged that he signed,
sealed, and delivered the same instrument as his free and voluntary act for the uses and
purposes therein set forth.
Given under my hand and Notarial Seal this day of 12021.
Notary Public
(SEAL)
7
EXHIBIT A
LEGAL DESCRIPTION
SUBJECT PROPERTY
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Second
Baptist
Church
1717 Benson Avenue
Evanston, It. 60201
p 847 869-6955
f 847 869-6599
,,Nn,,w.secondbap ds tevan ston.org
Reverend Dr. Michael C. R. Nabors
Pastor
Reverend Eddie Journey
Executive Nfinister
Craig Watson, Chairman
Diaconate Minism,
Vickie Horn, Chairman
'trustee Board
April 20, 2021
Dear Mayor, Members of the City Council and City Officials,
Second Baptist Church of Evanston is a one hundred and thirty nine year -
old house ofworship located at 1717 Benson Avenue. We are one of the
oldest institutions in the city as well as an important voice representing
Black and brown people and many who have been disenfranchised
through historical inequities.
Kr-,stal Pemell Little, Treasurer As a neighbor tto the west of the proposed Bookman's Alley project, we
Trustee Board have discussed the vision of what is being proposed with Steve. Please
know that we are in support of the concept and we have shared our own
Deacon Karen O. Davis
Church Clerk perspective about how the alley may enhance businesses, strengthen
pedestrian presence and create greater aesthetic beauty to the area.
Activation of the eastern half of the Alley to create an inviting and
engaging space for the community and visitors to Evanston, will benefit
everyone, including Second Baptist Church members and visitors. We
would be in support of the City of Evanston granting an easement to our
neighbors in order to enhance the place making potential of that section
of the alley. We have also had dialogue with many of our surrounding
stakeholders and would welcome a similar treatment on the western
segment of the alley so long as vehicular and service access on the
wester half of the alley is maintained.
We support this initiative because it will create another reason to visit
downtown andenhance the character of our community.
If I can be of further assistance, please fee] free to contact rne.
Warmly,
Rev. Dr. Michael C.R. NaborsPastor
"Beacons ofLlght"
Page 21 of 28
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EVANSTON
To Whom It May Concern
c/o Steven RoginNarsity LLC:
Downtown Evanston's Executive Board of Directors supports a project at 1706-08 Sherman Avenue and
including the "Bookman's Alley" which will help activate the alley and bring additional foot traffic and
attention to the retailers in the alley including Alley Gallery, Saville Flowers and Bookends & Beginnings.
It is our understanding that the current retailers will remain, and this project will bring art, color and
activation to an alley including additional retailers. The "Bookman's Alley" is one of the more charming
areas of our downtown and we have long hoped for an exciting alley activation in this area.
If you would like to speak to staff or a board member, please reach out to Annie Coakley, Director of
Downtown Evanston at 847-570-4724 or acoaklevPdowntownevanston.ora.
Thank you,
Downtown Evanston
Executive Board
Page 22 of 28
DesignEvanston
March 2, 2020
Mr. Steve Rogin
The Benamy Group
1780 Ash Street, No. 201
Northfield, Illinois 60093
Re: Proposed Alley Access
Varsity Theater Building
1710 Sherman Avenue
Evanston, Illinois
Dear Steve,
Members of the Design Evanston board of directors were pleased to meet with you
on February 17, 2020, to listen to your ideas about the possible development of your
building, the Varsity Theater Building at 1710 Sherman Avenue. You indicated several
813-2 Forest Avenue options under consideration for the building. Of interest to you is the possibility of
Evanston, Illinois 60202 focusing some of the building's redevelopment towards the alley (Bookman's Alley)
(847) 866-7480 immediately to the north of the Varsity Theater Building. The goal would be to allow
www.designevanston.org pedestrian access to the alley in a way that would enrich the downtown pedestrian
experience without harming the functional needs that the alley fulfills.
Design Evanston finds your ideas very interesting and in line with suggestions in the
2009 Downtown Plan recommending consideration for the development of alleys for
enriching downtown Evanston. We at Design Evanston feel that you should continue
along this line of thought to determine the practicalities of pedestrian and commercial
use of alleys. You will need to address a number of issues in any definitive proposal for
the alley but we at Design Evanston recommend you continue forward. The result could
be potentially an exciting addition to the downtown experience.
Sincerely.
Tom Hofmaier
Director, Design Evanston
cc: Laura Saviano, President
Dave Galloway, Vice President
Heidrun Hoppe, Director
Jack Weiss, Director
Founded in 1980, Design Evanston is a 501(c)(3) not -for -profit advocacy organization promoting gooc design in Evanston.
Page 23 of 28
t,ILLIVY CAILIVILUY
Alley Gallery Inc.
1712 Sherman Ave. Rear #2
Evanston, IL 60201
February 25, 2020
Mr. Steven Rogin
Varsity Theatre Building
1706 Sherman Ave
Evanston, IL 60201
Dear Mr. Rogin,
We appreciate the opportunity to brainstorm ideas on how to activate the
historic Bookman`s Alley. Being located in the alley for over thirty-five years, we
have a unique perspective and emotional attachment to its authentic charm.
We also have a keen awareness of the daily flow of traffic and the needs of the
businesses that use the alley.
Your vision of adding shop spaces along the north side of the Varsity Theatre
Building would be a positive addition to the charismatic space that is beloved by
its visitors. Aspects of limiting traffic flow is an interesting concept. Due to the
nature of our service -oriented business, we do value having parking in front of
the store, however we are sure there are potential solutions that work for all
parties. There is a European charm to a pedestrian focused throughway that is
appealing to our sensibilities.
Please keep us updated and involved in the future of Bookman`s Alley.
Thank you,
Darren Oberto & Ross Martens
Co -owners, Alley Gallery Inc.
1712 rear Sherman Avenue Evanston, Illinois 60201 (847) 475-1535 Fax (847) 475-0997
Page 24 of 28
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Steven
Thank you for stopping by to discuss your ideas to make our small business corner more inviting and vibrant. As a long
time retailer at the comer of Sherman Ave & Church St, your ideas for activating the Alley sound very interesting and
would be welcome as a means to engage the community, visitors and best of all, drive more people by our front door!
Plepse keep me updated as your efforts continue and if I can be of any further help, please let me know.
Mark Glories
Owner Saville Flowers & Gifts
Page 25 of 28
E
Evanston Chamber of Commerce
E 1609 Sherman Ave. * Suite 205 • Evanston, IL 60201
y
847.328.1500 phone • 847.328.1510 fax • www.evchamber.com
A
February 20, 2020
Steven:
Thank you for taking the time to stop by the office and discuss your thoughts, ideas and
vision for the former Varsity Theater and the potential activation of Bookman's Alley.
I was very excited by the discussion we had. Helping to create pedestrian traffic and the
potential engagement of Bookman's Alley for new small businesses is something that
would help the entire downtown business community!
Our mission at the Chamber is "making connections, building visibility and delivering
business intelligence". I certainly believe that re -purposing the Varsity Theater and
activating Bookman's Alley would contribute to helping our mission and add some very
unique character to the Downtown business district.
Please keep me updated as to your progress and if I can be of further assistance, please
let me know
Regards,
Roger gosa
Executive Director
Page 26 of 28
February 14, 2020
Mr. Steven Rogin
The Benamy Group
1780 Ash St.
Northfield, IL 60093
Dear Mr. Rogin,
Thank you for taking the time to meet with me and to discuss plans for your property, the former Varsity
Theater, and potentially Bookman's Alley. Given that your property and the Evanston Galleria are
adjacent properties, I appreciate this neighborly gesture. While there have been other proposals
presented to the Ward 1 community about what may be happening with the former GAP and Mattress
Firm spaces, it was nice to hear ideas and concepts directly from you.
A topic of interest to homeowners in my building (Evanston Galleria) is improving access to the loading
dock in the rear of the building during working hours. The commercial owner uses this area for deliveries
to his businesses on the ground floor, and there is often congestion in the loading dock area on a daily
basis. This congestion impedes access to our freight elevator that is required for moving residents and
their belongings in and out of the building. In addition, the loading dock area has become a hangout for
homeless people and drug abusers at night making the area unsafe for our residents.
It would be wonderful if you could find a way to develop the alley for commerce, improve traffic flow
through the alleys, and help to make the area safe for residents. Please let me know if you would like to
meet with our condo board to discuss these ideas further.
Whether you end up staying within the existing shell or look to add more density, saving the beautiful
facade and activating Bookman's Alley are ideas that I support. As we discussed, doing something to
activate the alley and re -purposing the Theater provides a wonderful opportunity to address some of
the issues that both our properties experience because of the lack of visibility, traffic and current uses.
Best of luck with your plans, and please reach out to me any time if you'd like to discuss this further.
Sincerely yours,
Phil Hockberger
President and Resident
Evanston Galleria Condominium Association
807 Church St, unit 201
Evanston, IL 60201
630-864-8965
Page 27 of 28
Steven,
Thank you for including me, as 'President of the Church Street Station Condominium
Association, in the discussion of what your vision is for Bookman's Alley and the former Varsity
Theater Building.
What you presented and discussed certainly seems like it would be a creative use of the former
Varsity Theater and help bring added charm and character to the long standing pride of
Bookman's Alley. The vision of what you discussed seems like it would continue to add to the
evolution of Downtown Evanston.
Good luck in your pursuit of re-engaging the Theater Building and Bookman's Alley.
Sincerely,
James Corirossi,
President
Church Street Station Condominium Association
Page 28 of 28